Bare ActsThe Northern India Canal and Drainage Act, 1873

Section 30E

Cost of execution of works to be met by share-holders

Amendment status not verified — confirm the current text below against the official source.

Cost of execution of works to be met by share-holders. - On failure of any share-holder to execute the work within the period specified in the notice under section 30-C the Divisional Canal Officer may proceed to carry out the work himself and the cost in proportion to the culturable commanded area under the scheme held by them shall be recoverable from the share-holders as arrears of land revenue. [30F. Maintenance of water-course to be done by share-holders.] - (1) On execution of the scheme, the Divisional Canal Officer shall, by requisition in writing, direct the share-holders to take over and maintain the water-course. (2) Where after taking over the water-course in terms of the directive issued under sub-section (1) the share-holders fail to maintain the same accordingly, the Divisional Canal Officer shall arrange to carry out the necessary repairs at the cost of the share-holders and for that purpose he shall recover in advance an amount to cover the cost of repairs tentatively determined by him from the share- holders in proportion to the culturable commanded area held by them under the scheme. (3) As soon as after the completion of the repairs carried out under sub- section (2), the Divisional Canal Officer shall work out or cause to be worked out the actual cost of the repairs. (4) If the actual cost worked out under sub-section (3) exceeds the amount tentatively recovered under sub-section (2) the difference shall be recoverable from the share-holders in the proportion to the culturable commanded area held by them under the scheme and if any balance remains with the Divisional Canal Officer, it shall be refunded to the share-holders in the same proportion. (5) Any amount recoverable from the share-holders under this section may be recovered as arrears of land revenue. [30FF. Alteration of a water-course or damage thereto be made good by the person responsible for it.] - (1) If a person demolishes, alters, enlarges or obstructs [a water-course or a temporary water- course] or causes any damage thereto, any person affected thereby may apply to the Divisional Canal Officer for directing the restoration of [the water-course or the temporary water-course]to its original condition. (2) On receiving an application under sub-section (1) the Divisional Canal Officer may, after making such enquiry as he may deem fit, require by a notice in writing served on the person found to be responsible for so demolishing, altering, obstructing or causing damage, to restore at his own cost, [the water-course or the temporary water- course] to its original condition within such period as may be specified in the notice. (3) If such person fails, to the satisfaction of the Divisional Canal Officer, to restore [the water-course or temporary water-course to its original condition within the period specified in the notice served on him under sub-section (2) the Divisional Canal Officer may cause [the water-course or the temporary water- course to be restored to its original condition and recover the cost incurred in respect of such [restoration along with a penalty not exceeding one thousand rupees as may be imposed by the Divisional Canal Officer] from the defaulting person. (4) Any person aggrieved by the order of the Divisional Canal Officer, may prefer an appeal within thirty days of the passing of such order to Superintending Canal Officer whose decision on such appeal shall be final. (5) Any sum which remains unpaid within a period to be specified for this purpose by the Divisional Canal Officer may be recovered by the Collector from the defaulting person as if it were an arrear of land revenue.]

Section 30E – The Northern India Canal and Drainage Act, 1873 | DailyLaw.ai